Hot Topics in Human Resources

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Hot Topics in Human Resources

• Toni C. Talbot, SPHR
• Human Resource Management Services, LLC
• 517/655-3959 (Office Phone and Fax)
• 517/282-3162 (Cell)
• tonitalbot_at_HRMServices.biz
• WWW.HRMServices.biz

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Hot Topics

• An overview of what is hot when it comes to
  employee related
• Legislation
• Regulation
• Compliance
• Trends
• Your questions comments opinions are welcomed
  and encouraged

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Legislative Issues

• Federal
• Signed into law
• Genetic Information Non-Discrimination Act (GINA)
  
• Americans with Disabilities Amended Act
• Lilly Ledbetter Fair Pay Act
• Proposed
• The Healthy Families Act
• Pay Check Fairness Act
• Employee Free Choice Act

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Legislative Issues

• State
• Adoption Leave
• Comparable Worth legislation
• Prohibiting the termination for legal conduct
  during non-work time
• Mental health parity
• Mandated benefits
• Unemployment expansion of eligibility

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Ergonomic Standards

• Creates regulation to minimize the potential of
  repetitive motion injuries
• Carpal Tunnel
• Rotator Cuff
• Tendentious
• Broad and vaguely written
• Increase employers liability
• Likely to be implemented this year.

6
Health Insurance Reform

• Expect something to be implemented this year
• Affordable Health Choices Act
• Mandates for employers to provide health
  insurance
• Provides a government sponsored plan
• Impact on private health insurers
• Impact on providers

7
Ergonomic Standards

• Relates to the structure of the work environment
  and its impact on repetitive motion injuries
• Michigan is very close to implementing standards
• Only other State that has such standards is
  California.
• Impact on Michigan as an attractive place to do
  business
• Impact on business ability to comply

8
Unemployment Issues

• Funding not enough money
• Administration
• Inexperienced
• Understaffed
• Organization
• Fighting a claim
• Expansion

9
Unemployment Benefits

• Normal unemployment benefits 26 weeks
• Federal Emergency Unemployment (from the Recovery
  Act) 33 weeks
• In Michigan, Gov. Granholm signed a bill
  effective April 13, 2009 to extend additional
  benefits for 20 weeks. These dollars also came
  from the Recovery Act.
• Total number of weeks someone could be on
  unemployment is 79 weeks.
• In addition, payments went up 25.00 per week.

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Unemployment Benefit

• Stimulus Act allows for Michigan to gain another
  138.9 Million (one time) with strings we need
  to pick two and make it permanent.
• Extend benefits to employees seeking part time
  work non-chargeable
• Extend benefits to individuals enrolled in job
  training who have exhausted the 79 weeks
  non-chargeable
• Extend benefits to people who voluntarily quit
  their job for compelling family reasons -
  chargeable
• Increase the depended allowance - chargeable
• No obligation to use 138.9M to fund unemployment

11
Family Medical Leave Act

• Family Leave Due to a Call to Active Duty
• Qualifying exigency defined as
• Short-notice deployment (7 day limit)
• Military events and related activities
• Child Care and school activities
• Financial and legal arrangements
• Counseling
• Rest and recuperation (5 day limit)
• Post-deployment activities (up to 90 days after
  termination of active duty)
• Additional activities (by agreement only)

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Family Medical Leave Act

• Caregiver Leave for an Injured Service Member
• 26 weeks in 12 months for family member or next
  of kin caring for service member.
• Next of kin as defined by military records
  nearest blood relative
• Serious injury or illness not serious health
  condition

13
Family Medical Leave Act

• Employer can make direct contact with health care
  provider for clarification of medical
  certification
• Must be HR professional, leave administrator or
  management official
• Cannot be employees direct supervisor
• Employee give the chance to get clarification on
  own
• In compliance with HIPAA, must get employees
  permission to make direct contact
• Same guidelines apply for family member with
  serious health condition.

14
Family Medical Leave Act

• Employers must respond to FMLA request within 5
  days
• Tracking of intermittent leave minimum of one
  hour must be same as how you track any time off.
  

15
ADA Amendments Act of 2008

• Effective January 1, 2009
• Excludes consideration of Mitigating Measures
• Broadens the definition of regarded as having a
  disability
• Establishes a list of Major Life Activities
  including caring for oneself.
• Covered when you have 15 or more Employees
• Michigan Persons with Disabilities Civil Rights
  Act - covered when you have one or more employee

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Record Keeping Issues

• Personnel files
• Should only hold job related information
• Employees have access under Michigans Bullard
  Plawecki Right to Know Act.
• Employees have the right to include any dispute
  they may have to any disciplinary action taken
  against them.
• Should not include any medical information
• Should be a fire wall between personnel file
  (job related) and other information.
• Web Site www.HRMServices.biz under resources
• Does not protect all records from being included
  in discovery be careful what you keep

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Discrimination Issues

• Harassment All policies should include all
  protected classifications.
• Be sure that the policy clearly prohibits
  retaliation
• Make sure you do not unintentionally retaliate
• Make sure your front line supervisors take all
  claims seriously
• EEOC 30 of case load are harassment cases
  aggressively enforcing these cases
• Dan Harter, District Director EEOC

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Discrimination Issues

• Claims of discrimination based upon religion or
  national origin.
• Fastest growing area of claims
• Requests for religious accommodation
• Employers have a duty to accommodate unless it is
  a hardship to the organization
• May be financial hardship or may cause employee
  discontent
• Requests for appearance accommodation
• Reasonable accommodation unless it interferes
  with the ability to do the job, especially if
  safety issue.

19
Immigration Issues

• Need to make sure I-9 (evidence that employees
  are eligible to work in U.S.) are accurately
  completed
• Retain in a separate file or binder in a locked
  file with limited access
• Increase activity in audits especially in
  certain industries and locations
• E-verify requires employers to verify the
  employees Social Security number

20
Policy Issues

• Computer use and access
• Need to implement policies that control computer
  use and access
• Instant Messaging/Twitter/Face book/MySpace
• Email
• Web surfing/YouTube
• Downloading of information, i.e. screen savers,
  games, etc.
• Protection of information
• Challenge of compliance willingness to address

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Policy Issues

• Personal cellular phone use during the work day
• Appearance and appropriate dress
• Revealing clothing
• Baggy clothing
• Tattoos and Piercings
• Protection of your information
• Confidentiality policies
• Non-compete policies

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Human Resource Management Services, LLC

• Helping you solve your employee problems.
• Employee relations
• Customized handbooks
• Management and supervisory coaching
• Job descriptions
• Staffing
• Training
• Performance appraisal systems
• Performance development
• Policies and procedures development and
  implementation
• Personnel file system
• Human resource audits
• Federal and State regulation compliance